Hello, I wish to leave my current organization as there is huge workload, politics and mainly due to rude behaviour of supervisor. Its been 4 months since I joined and currently in my probation period. I want to understand the notice period rules as Its not clear from the offer letter. Can someone plz interpret it legally as I found it ambiguous.
" (a) The first six months of your employment are considered a probation period. Xyz reserves the right to extend your probation period beyond this initial term. During the probation period, Xyz may terminate your employment upon 30 days’ prior notice.
(b) Each party may terminate this agreement at any time by giving the other party a 90 days’ prior written notice. During the notice period, you shall continue to perform your position and attend work, and perform any additional handover and other duties, as instructed.
(c) If you resign and wish to leave your employment prior to the completion of your notice period, you must ask for Xyz’ approval, considering it may negatively impact Xyz’ work continuity and/or cause damage to Xyz and/r its customer relationships. If you leave early without seeking such approval, or despite the fact that an approval was not granted, you shall reimburse to Xyz an amount equivalent to your salary for the unexpired portion of the notice period, and by signing herein you irrevocably authorize Xyz to offset or deduct such amount against any amounts owed to you by Xyz.
(d) Xyz reserves the right to (i) terminate your employment by paying you the equivalent of all or part of the prior notice period in lieu thereof; or (ii) instruct you not to attend work during the prior notice period or any part thereof.
"
From India, Patna
" (a) The first six months of your employment are considered a probation period. Xyz reserves the right to extend your probation period beyond this initial term. During the probation period, Xyz may terminate your employment upon 30 days’ prior notice.
(b) Each party may terminate this agreement at any time by giving the other party a 90 days’ prior written notice. During the notice period, you shall continue to perform your position and attend work, and perform any additional handover and other duties, as instructed.
(c) If you resign and wish to leave your employment prior to the completion of your notice period, you must ask for Xyz’ approval, considering it may negatively impact Xyz’ work continuity and/or cause damage to Xyz and/r its customer relationships. If you leave early without seeking such approval, or despite the fact that an approval was not granted, you shall reimburse to Xyz an amount equivalent to your salary for the unexpired portion of the notice period, and by signing herein you irrevocably authorize Xyz to offset or deduct such amount against any amounts owed to you by Xyz.
(d) Xyz reserves the right to (i) terminate your employment by paying you the equivalent of all or part of the prior notice period in lieu thereof; or (ii) instruct you not to attend work during the prior notice period or any part thereof.
"
From India, Patna
The specific points on which clarity is needed may be mentioned for considered views of the learned members of the forum. However, the following are clarified.
1. During the period of probation, the employer can terminate with one month's notice, notably a reciprocal provision for the employee to leave the service is not there.
2. As far as the employee is concerned the notice period is 90 days. Subject to clause 1 above the employer also has to give 90 days notice period.
3. The employer is authorised to deduct the salary for the remaining notice period if the employee leaves service without completing it.
4. The employer has the right to waive off the notice period.
From India, Mumbai
14221. During the period of probation, the employer can terminate with one month's notice, notably a reciprocal provision for the employee to leave the service is not there.
2. As far as the employee is concerned the notice period is 90 days. Subject to clause 1 above the employer also has to give 90 days notice period.
3. The employer is authorised to deduct the salary for the remaining notice period if the employee leaves service without completing it.
4. The employer has the right to waive off the notice period.
From India, Mumbai
Thanks for the Info.
If i resigned today and I wish to serve the 90 days notice period, can the company say that since you are in probation you will have to serve 30 days only or they give me 30 days payout only.
From India, Patna
If i resigned today and I wish to serve the 90 days notice period, can the company say that since you are in probation you will have to serve 30 days only or they give me 30 days payout only.
From India, Patna
No, it is so provided in the agreement that even during probation you have to serve ninety days notice period and if it is the management terminating your service then only the notice period of one month comes into play. The management has the right to pay for the notice period in full or its part when it terminates your service and when you are resigning, this clause will not operate.
But the Management has the inherent right to pay you off and relieve you from service and during probation, you are only entitled to 30 days' notice.
From India, Mumbai
But the Management has the inherent right to pay you off and relieve you from service and during probation, you are only entitled to 30 days' notice.
From India, Mumbai
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